State Aid Evolution in the Polish Energy Sector

Zenon Wisniewski, Wiktor Kordys
European Research Studies Journal, Volume XXIV, Issue 3, 785-810, 2021
DOI: 10.35808/ersj/2384


Purpose: This paper aimed to review Polish support mechanisms for the power industry and analyze these schemes in solutions in place across the European Union. Particular attention has been paid to six aid measures, including certificates of origin, the auctioning mechanism, the capacity mechanism, EU's emission allowances for free allocation, support measures for photovoltaics to end-users, and support provided co-generated power sector. Design/Methodology/Approach: In this case study, descriptive and analytical methods involve a critical analysis of the literature on the subject, a study of current legal regulations and sources of Polish law, the analysis of the EU regulations, and analysis from the international perspective were applied. The theoretical basis for the methods of legal analysis is to be found in particular in the concepts developed by H.L. Hart, i.e., the concept of vagueness and openness of legal concepts or the concept of borderline cases in law. Findings: The article seeks to verify Poland's renewable energy sources (RES) policy over the past 25 years in the context of the European Union's energy policy. As a result, the conducted analysis formulate a forecast regarding the direction of the development of Polish legal instruments of support for RES installations. Practical implications: The research findings contribute to a better understanding of challenges in the field of energy policy in Poland in the context of EU regulations. Originality/Value: There are no cross-sectional studies that would consider the problem of Polish legal solutions for supporting RES. Scientific works on power policy or power security in the European Union do not address how investments in the power sector should be financed.

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